Smt. Shruti Thakur vs Rajeev Singh Parihar
2023 Latest Caselaw 9926 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                 ON THE 1 st OF JULY, 2023
                                            MISC. CIVIL CASE No. 293 of 2018

                         BETWEEN:-
                         SMT. SHRUTI THAKUR W/O SHRI RAJEEV SINGH
                         PARIHAR, AGED ABOUT 30 YEARS, RANDHEER SINGH
                         THAKUR, RAVISHANKAR SHUKL CHOWK BAZAR
                         WARD PATAN P.O. PATAN, (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI ANUVAD SHRIVASTAVA-ADVOCATE)

                         AND
                         RAJEEV SINGH PARIHAR S/O GOPAL SINGH PARIHAR,
                         AGED ABOUT 35 YEARS, SHRIVASTAVA COLONY,
                         DAMOH, TEH. AND DISTT. DAMOH (MADHYA
                         PRADESH)

                                                                                    .....RESPONDENTS
                         (BY SHRI SHISHIR VERMA-ADVOCATE)

                               This application coming on for admission this day, the court passed the
                         following:
                                                            ORDER

This is a petition filed under Section 24 of CPC seeking transfer of RCS H.M. No.174/2017 pending before Principal Judge, Family Court, Damoh.

2. Learned counsel for the applicant contends that the marriage of applicant and respondent was solemnized on 07/07/2016 at Damoh. After marriage some dispute crept up between the parties which ensued in registration of FIR bearing Crime No.456/2017 at Police Station Patan District Jabalpur. The respondent then filed a petition under Section 13 of the Hindu Marriage Act, which is pending consideration before the Family Court, Damoh. The Signature Not Verified Signed by: ASTHA SEN Signing time: 7/3/2023 1:26:54 PM

applicant is living along with her father and therefore, ensuring her appearance on the scheduled dates for hearing at Family Court, Damoh would cause immense hardship and inconvenience to the applicant.

3. It is contended by the counsel that the applicant's father is old aged and he himself requires round the clock attention, therefore, to look after his father, the applicant is not in a position to appear before Family Court, Damoh.

4. Learned counsel for the applicant while taking into consideration the factum of convenience, placed reliance in the judgment of this Court in the cases of Vandana Vs. Angad Singh Jadav reported in MP Weekly Notes

2006 (II) 146, Smt. Uma Devi Vs. Kamlesh reported in 2005 (II) MPJR 273 and Sumita Singh Vs. Kumar Sanjay and Anr. reported in 2001 AIR SCW 5193 (1), thus prays that the said case be transferred to the Court of Principal Judge, Family Court, Jabalpur (M.P.).

5. Per contra, learned counsel for the respondent submits that the distance between the two places is hardly 100 KM, therefore, the petitioner can enter appearance without any difficulty. The petitioner is also at liberty to enter her appearance through video conferencing.

6. Heard rival submissions of the parties and perused the record.

7. A perusal of the record reflects that the respondent/husband has filed a case under Section 13 of the Hindu Marriage Act, before the Family Court, Damoh. The petitioner is residing at Jabalpur with her old aged father who is not keeping well, therefore, there is no one to accompany her to the Family Court, Damoh on the scheduled dates of hearing. Thus, while taking into consideration the inconvenience as well as hardship to the applicant, it would be

Signature Not Verified Signed by: ASTHA SEN Signing time: 7/3/2023 1:26:54 PM

expedient in the interest of justice that the case filed by the respondent/husband is transferred to the Family Court at Jabalpur.

8. The Apex Court in paragraph 9 in the case of N.C.V. Aishwarya Vs. A.S. Saravan Karthik Sha reported in 2022 LiveLaw (SC) 627 has held as under :

" 9. The cardinal principle of exercise of power under Section 24 of Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceedings. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration thee economic soundness of both the parties, the social strata of the spouses and their behav ioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

[Emphasis supplied]

9. Taking into consideration the aforesaid enunciation of law by the Apex Court, this application is allowed. RCS H.M. No.174/2017 pending before Principal Judge, Family Court, Damoh is transferred to the Family Court at Jabalpur.

10. The parties are directed to appear before the Family Court, Jabalpur on 10.8.2023.

11. Disposed of accordingly.

(MANINDER S. BHATTI) JUDGE Astha

Signature Not Verified Signed by: ASTHA SEN Signing time: 7/3/2023 1:26:54 PM